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Court Rejects Endangered Species List Removal

10-21-09

COLUMBUS, Ohio - The U.S. District Court in Montana has ruled the Yellowstone Grizzly bear population must be placed back on the Endangered Species list.  This decision not only impacts the hunting of grizzlies, but also represents a precedent making it difficult to delist any species once placed under federal protection even if their populations have recovered.

The decision, issued by Judge Donald Molloy, means that state management of the grizzly populations will not be allowed to continue and that hunting will have to stop until the U.S. Fish and Wildlife Service (FWS), as well as individual states, addresses several key issues raised by the Judge.  This is despite the population reaching approximately 600 bears while the recovery target was 400-500.

Among the reasons cited by Molloy for relisting the grizzlies was a determination that the FWS reliance on regulations, including state conservation plans for the bears after being delisted, was not enforceable.  The decision could have far reaching implications, establishing a precedent that can be used by anti’s in other cases.

“States have had the primary responsibility of wildlife management for more than 100 years, producing more abundant wildlife than ever before,” states Rob Sexton, U.S. Sportsmen’s Alliance Foundation (USSAF) vice president for government affairs.  “We are disappointed this decision does not recognize the job that states have done.”

The USSAF filed legal briefs supporting the FWS  when the case was initiated by several anti-hunting and environmental organizations including: the Sierra Club, Natural Resources Defense Council and Center for Biological Diversity.  As of press time, no decision has been made by FWS as to whether it will appeal this decision.

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